80 FR 51961 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 166 (August 27, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 166 (August 27, 2015)
| Page Range | 51961-51962 | |
| FR Document | 2015-21144 |
[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)] [Rules and Regulations] [Pages 51961-51962] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21144] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 141021887-5172-02] RIN 0648-XE143 Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule. ----------------------------------------------------------------------- SUMMARY: NMFS is reallocating the projected unused amounts of the Aleut Corporation's pollock directed fishing allowance from the Aleutian Islands subarea to the Bering Sea subarea directed fisheries. This action is necessary to provide opportunity for harvest of the 2015 total allowable catch of pollock, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 27, 2015, until 2400 hrs, A.l.t., December 31, 2015. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council (Council) under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. In the Aleutian Islands subarea, the portion of the 2015 pollock total allowable catch (TAC) allocated to the Aleut Corporation's directed fishing allowance (DFA) is 12,146 metric tons (mt) as established by the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015), and through reallocation (80 FR 15695, March 25, 2015). As of August 19, 2015, the Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that 10,000 metric tons (mt) of Aleut Corporation's DFA will not be harvested. Therefore, in accordance with Sec. 679.20(a)(5)(iii)(B)(4), NMFS reallocates 10,000 mt of Aleut Corporation's DFA from the Aleutian Islands subarea to the 2015 Bering Sea subarea allocations. The 10,000 mt of pollock is apportioned to the AFA Inshore sector (50 percent), AFA catcher/processor sector (40 percent), and the AFA mothership sector (10 percent). The 2015 Bering Sea pollock incidental catch allowance remains at 47,160 mt. As a result, the harvest specifications for pollock in the Aleutian Islands subarea included in the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015), and revised (80 FR 15695, March 25, 2015), are further revised as follows: 2,146 mt to Aleut Corporation's DFA. Furthermore, pursuant to Sec. 679.20(a)(5), Table 4 of the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015), and revised (80 FR 15695, March 25, 2015), is further revised as follows to make 2015 pollock allocations consistent with this reallocation. This reallocation results in an adjustment to the 2015 Aleut Corporation allocation established at Sec. 679.20(a)(5). [[Page 51962]] Table 4--Final 2015 Allocations of Pollock Tacs to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA) \1\ [Amounts are in metric tons] ---------------------------------------------------------------------------------------------------------------- 2015 A season \1\ 2015 B season 2015 -------------------------------- \1\ Area and sector Allocations SCA harvest --------------- A season DFA limit \2\ B season DFA ---------------------------------------------------------------------------------------------------------------- Bering Sea subarea TAC \1\...................... 1,324,454 n/a n/a n/a CDQ DFA......................................... 132,900 53,160 37,212 79,740 ICA \1\......................................... 47,160 n/a n/a n/a AFA Inshore..................................... 572,197 228,879 160,215 343,318 AFA Catcher/Processors \3\...................... 457,758 183,103 128,172 274,655 Catch by C/Ps............................... 418,848 167,539 n/a 251,309 Catch by CVs \3\............................ 38,909 15,564 n/a 23,346 Unlisted C/P Limit \4\...................... 2,289 916 n/a 1,373 AFA Motherships................................. 114,439 45,776 32,043 68,664 Excessive Harvesting Limit \5\.................. 200,269 n/a n/a n/a Excessive Processing Limit \6\.................. 343,318 n/a n/a n/a Total Bering Sea DFA............................ 1,144,394 457,758 320,430 686,636 Aleutian Islands subarea ABC.................... 29,659 n/a n/a n/a Aleutian Islands subarea TAC \1\................ 4,546 n/a n/a n/a CDQ DFA......................................... 0 0 n/a 0 ICA............................................. 2,400 1,200 n/a 1,200 Aleut Corporation............................... 2,146 2,146 n/a 0 Area harvest limit 541......................................... 8,898 n/a n/a n/a 542......................................... 4,449 n/a n/a n/a 543......................................... 1,483 n/a n/a n/a Bogoslof District ICA \7\....................... 100 n/a n/a n/a ---------------------------------------------------------------------------------------------------------------- \1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the BS subarea pollock, after subtracting the CDQ DFA (10 percent) and the ICA (4.0 percent), is allocated as a DFA as follows: Inshore sector--50 percent, catcher/processor sector (C/P)--40 percent, and mothership sector--10 percent. In the BS subarea, 40 percent of the DFA is allocated to the A season (January 20-June 10) and 60 percent of the DFA is allocated to the B season (June 10- November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second the ICA (2,400 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the AI subarea, the A season is allocated 40 percent of the ABC and the B season is allocated the remainder of the pollock directed fishery. \2\ In the BS subarea, no more than 28 percent of each sector's annual DFA may be taken from the SCA before April 1. \3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/ processors shall be available for harvest only by eligible catcher vessels delivering to listed catcher/ processors. \4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/processors sector's allocation of pollock. \5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ pollock DFAs. \6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ pollock DFAs. \7\ Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 no more than 30 percent, in Area 542 no more than 15 percent, and in Area 543 no more than 5 percent of the Aleutian Islands pollock ABC. \8\ The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only and are not apportioned by season or sector. Note: Seasonal or sector apportionments may not total precisely due to rounding. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the reallocation of AI pollock. Since the pollock fishery is currently open, it is important to immediately inform the industry as to the final Bering Sea subarea pollock allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery; allow the industry to plan for the fishing season and avoid potential disruption to the fishing fleet as well as processors; and provide opportunity to harvest increased seasonal pollock allocations while value is optimum. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of August 19, 2015. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by Sec. 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: August 21, 2015. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-21144 Filed 8-26-15; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations 51961
BFT. General, HMS Charter/Headboat, harvest the respective quotas may have DATES: Effective 1200 hrs, Alaska local
Harpoon, and Angling category vessel negative social and economic impacts time (A.l.t.), August 27, 2015, until 2400
owners are required to report the catch for U.S. fishermen that depend upon hrs, A.l.t., December 31, 2015.
of all BFT retained or discarded dead, catching the available quota within the FOR FURTHER INFORMATION CONTACT:
within 24 hours of the landing(s) or end time periods designated in the 2006 Steve Whitney, 907–586–7228.
of each trip, by accessing Consolidated HMS FMP, as amended.
hmspermits.noaa.gov. Depending on the Adjustment of the retention limit needs SUPPLEMENTARY INFORMATION: NMFS
level of fishing effort and catch rates of to be effective September 1, 2015, or as manages the groundfish fishery in the
BFT, NMFS may determine that soon as possible thereafter, to minimize BSAI exclusive economic zone
additional retention limit adjustment or any unnecessary disruption in fishing according to the Fishery Management
closure is necessary to ensure available patterns, to allow the impacted sectors Plan for Groundfish of the Bering Sea
quota is not exceeded or to enhance to benefit from the adjustment, and to and Aleutian Islands Management Area
scientific data collection from, and not preclude fishing opportunities for (FMP) prepared by the North Pacific
fishing opportunities in, all geographic fishermen in geographic areas with Fishery Management Council (Council)
areas. access to the fishery only during this under authority of the Magnuson-
Closures or subsequent adjustments to time period. Therefore, the AA finds Stevens Fishery Conservation and
the daily retention limits, if any, will be good cause under 5 U.S.C. 553(b)(B) to Management Act. Regulations governing
published in the Federal Register. In waive prior notice and the opportunity fishing by U.S. vessels in accordance
addition, fishermen may call the for public comment. For these reasons, with the FMP appear at subpart H of 50
Atlantic Tunas Information Line at (978) there is good cause under 5 U.S.C. CFR part 600 and 50 CFR part 679.
281–9260, or access 553(d) to waive the 30-day delay in In the Aleutian Islands subarea, the
hmspermits.noaa.gov, for updates on effectiveness. portion of the 2015 pollock total
quota monitoring and inseason This action is being taken under allowable catch (TAC) allocated to the
adjustments. § 635.23(a)(4) and is exempt from Aleut Corporation’s directed fishing
Classification review under Executive Order 12866. allowance (DFA) is 12,146 metric tons
Authority: 16 U.S.C. 971 et seq. and 1801 (mt) as established by the final 2015 and
The Assistant Administrator for 2016 harvest specifications for
NMFS (AA) finds that it is impracticable et seq.
groundfish in the BSAI (80 FR 11919,
and contrary to the public interest to Dated: August 24, 2015.
March 5, 2015), and through
provide prior notice of, and an Emily H. Menashes, reallocation (80 FR 15695, March 25,
opportunity for public comment on, this Acting Director, Office of Sustainable 2015).
action for the following reasons. Fisheries, National Marine Fisheries Service.
The regulations implementing the As of August 19, 2015, the
[FR Doc. 2015–21251 Filed 8–24–15; 4:15 pm]
2006 Consolidated HMS FMP, as Administrator, Alaska Region, NMFS,
BILLING CODE 3510–22–P (Regional Administrator) has
amended, provide for inseason retention
limit adjustments to respond to the determined that 10,000 metric tons (mt)
unpredictable nature of BFT availability of Aleut Corporation’s DFA will not be
DEPARTMENT OF COMMERCE harvested. Therefore, in accordance
on the fishing grounds, the migratory
nature of this species, and the regional National Oceanic and Atmospheric with § 679.20(a)(5)(iii)(B)(4), NMFS
variations in the BFT fishery. Based on Administration reallocates 10,000 mt of Aleut
available BFT quotas, fishery Corporation’s DFA from the Aleutian
performance in recent years, the 50 CFR Part 679 Islands subarea to the 2015 Bering Sea
availability of BFT on the fishing subarea allocations. The 10,000 mt of
grounds, among other considerations, [Docket No. 141021887–5172–02] pollock is apportioned to the AFA
adjustment to the General category BFT Inshore sector (50 percent), AFA
RIN 0648–XE143 catcher/processor sector (40 percent),
daily retention limit from the default
level is warranted. Analysis of available and the AFA mothership sector (10
Fisheries of the Exclusive Economic
data shows that adjustment to the BFT percent). The 2015 Bering Sea pollock
Zone Off Alaska; Reallocation of
daily retention limit from the default incidental catch allowance remains at
Pollock in the Bering Sea and Aleutian
level would result in minimal risks of 47,160 mt. As a result, the harvest
Islands
exceeding the ICCAT-allocated quota. specifications for pollock in the
NMFS provides notification of retention AGENCY: National Marine Fisheries Aleutian Islands subarea included in the
limit adjustments by publishing the Service (NMFS), National Oceanic and final 2015 and 2016 harvest
notice in the Federal Register, emailing Atmospheric Administration (NOAA), specifications for groundfish in the
individuals who have subscribed to the Commerce. BSAI (80 FR 11919, March 5, 2015), and
Atlantic HMS News electronic ACTION: Temporary rule. revised (80 FR 15695, March 25, 2015),
newsletter, and updating the are further revised as follows: 2,146 mt
information posted on the Atlantic SUMMARY: NMFS is reallocating the to Aleut Corporation’s DFA.
Tunas Information Line and on projected unused amounts of the Aleut Furthermore, pursuant to § 679.20(a)(5),
hmspermits.noaa.gov. Corporation’s pollock directed fishing Table 4 of the final 2015 and 2016
Delays in increasing these retention allowance from the Aleutian Islands harvest specifications for groundfish in
limits would adversely affect those subarea to the Bering Sea subarea the BSAI (80 FR 11919, March 5, 2015),
General and Charter/Headboat category directed fisheries. This action is and revised (80 FR 15695, March 25,
rmajette on DSK2VPTVN1PROD with RULES
vessels that would otherwise have an necessary to provide opportunity for 2015), is further revised as follows to
opportunity to harvest more than the harvest of the 2015 total allowable catch make 2015 pollock allocations
default retention limit of one BFT per of pollock, consistent with the goals and consistent with this reallocation. This
day/trip and may exacerbate the objectives of the Fishery Management reallocation results in an adjustment to
problem of low catch rates and quota Plan for Groundfish of the Bering Sea the 2015 Aleut Corporation allocation
rollovers. Limited opportunities to and Aleutian Islands Management Area. established at § 679.20(a)(5).
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![51962 Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations
TABLE 4—FINAL 2015 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA) 1
[Amounts are in metric tons]
2015 A season 1 2015 B
2015 season 1
Area and sector Allocations A season DFA SCA harvest
limit 2 B season DFA
Bering Sea subarea TAC 1 .............................................................................. 1,324,454 n/a n/a n/a
CDQ DFA ......................................................................................................... 132,900 53,160 37,212 79,740
ICA 1 ................................................................................................................. 47,160 n/a n/a n/a
AFA Inshore ..................................................................................................... 572,197 228,879 160,215 343,318
AFA Catcher/Processors 3 ............................................................................... 457,758 183,103 128,172 274,655
Catch by C/Ps .......................................................................................... 418,848 167,539 n/a 251,309
Catch by CVs 3 ......................................................................................... 38,909 15,564 n/a 23,346
Unlisted C/P Limit 4 ................................................................................... 2,289 916 n/a 1,373
AFA Motherships ............................................................................................. 114,439 45,776 32,043 68,664
Excessive Harvesting Limit 5 ............................................................................ 200,269 n/a n/a n/a
Excessive Processing Limit 6 ........................................................................... 343,318 n/a n/a n/a
Total Bering Sea DFA ..................................................................................... 1,144,394 457,758 320,430 686,636
Aleutian Islands subarea ABC ......................................................................... 29,659 n/a n/a n/a
Aleutian Islands subarea TAC 1 ....................................................................... 4,546 n/a n/a n/a
CDQ DFA ......................................................................................................... 0 0 n/a 0
ICA ................................................................................................................... 2,400 1,200 n/a 1,200
Aleut Corporation ............................................................................................. 2,146 2,146 n/a 0
Area harvest limit
541 ............................................................................................................ 8,898 n/a n/a n/a
542 ............................................................................................................ 4,449 n/a n/a n/a
543 ............................................................................................................ 1,483 n/a n/a n/a
Bogoslof District ICA 7 ...................................................................................... 100 n/a n/a n/a
1 Pursuant to § 679.20(a)(5)(i)(A), the BS subarea pollock, after subtracting the CDQ DFA (10 percent) and the ICA (4.0 percent), is allocated
as a DFA as follows: Inshore sector—50 percent, catcher/processor sector (C/P)—40 percent, and mothership sector—10 percent. In the BS
subarea, 40 percent of the DFA is allocated to the A season (January 20–June 10) and 60 percent of the DFA is allocated to the B season (June
10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ directed fishing al-
lowance (10 percent) and second the ICA (2,400 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the AI subarea, the A
season is allocated 40 percent of the ABC and the B season is allocated the remainder of the pollock directed fishery.
2 In the BS subarea, no more than 28 percent of each sector’s annual DFA may be taken from the SCA before April 1.
3 Pursuant to § 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest
only by eligible catcher vessels delivering to listed catcher/processors.
4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/
processors sector’s allocation of pollock.
5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ
pollock DFAs.
6 Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ
pollock DFAs.
7 Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 no more than 30 percent, in
Area 542 no more than 15 percent, and in Area 543 no more than 5 percent of the Aleutian Islands pollock ABC.
8 The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only and
are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Classification Since the pollock fishery is currently The AA also finds good cause to
open, it is important to immediately waive the 30-day delay in the effective
This action responds to the best inform the industry as to the final date of this action under 5 U.S.C.
available information recently obtained Bering Sea subarea pollock allocations. 553(d)(3). This finding is based upon
from the fishery. The Assistant Immediate notification is necessary to the reasons provided above for waiver of
Administrator for Fisheries, NOAA allow for the orderly conduct and prior notice and opportunity for public
(AA), finds good cause to waive the efficient operation of this fishery; allow comment.
requirement to provide prior notice and This action is required by § 679.20
the industry to plan for the fishing
opportunity for public comment and is exempt from review under
season and avoid potential disruption to
pursuant to the authority set forth at 5 Executive Order 12866.
the fishing fleet as well as processors;
U.S.C. 553(b)(B) as such requirement is
and provide opportunity to harvest Authority: 16 U.S.C. 1801 et seq.
impracticable and contrary to the public
interest. This requirement is increased seasonal pollock allocations Dated: August 21, 2015.
impracticable and contrary to the public while value is optimum. NMFS was Alan D. Risenhoover,
interest as it would prevent NMFS from unable to publish a notice providing Director, Office of Sustainable Fisheries,
rmajette on DSK2VPTVN1PROD with RULES
responding to the most recent fisheries time for public comment because the National Marine Fisheries Service.
data in a timely fashion and would most recent, relevant data only became [FR Doc. 2015–21144 Filed 8–26–15; 8:45 am]
delay the reallocation of AI pollock. available as of August 19, 2015. BILLING CODE 3510–22–P
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Document Created: 2015-12-15 10:52:54
Document Modified: 2015-12-15 10:52:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule. | |
| Dates | Effective 1200 hrs, Alaska local time (A.l.t.), August 27, 2015, until 2400 hrs, A.l.t., December 31, 2015. | |
| Contact | Steve Whitney, 907-586-7228. | |
| FR Citation | 80 FR 51961 | |
| RIN Number | 0648-XE14 |
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